The first half of 2008 has been a time of great challenges and significant developments in the economic justice system in Russia. Almost all of the developments were dealt with or initiated by the country’s Higher Arbitrazh Court (HAC). This commercial court, which is at the top of the Russian arbitrazh courts system, has become a hub for progressive trends in business litigation.
The existing legislation governing the procedure in arbitrazh courts in Russia establishes that whenever a case is heard and a judgment is rendered by a panel of judges, the issues are to be decided by the judges’ majority voting. The distribution of voices is not disclosed. The dissenting judge has the right to draft his or her special opinion which is then attached to the record but not announced. This rule means that the dissenting opinion is usually contained in a sealed envelope. The envelope then may be opened in a higher instance, for example if the case is revised and again the same rule applies, the dissent is not to be publicised in any manner.
